A shareholder may not commence or maintain a derivative proceeding unless the shareholder both:
1. Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time.
2. Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.
Notes of Decisions
Melinda S. Workman v. Verde Wellness Ctr., Inc., 382 P.3d 812 (Ariz. Ct. App. 2016).
· cites it 3× “But unlike a derivative suit brought under § 10-741, there is no requirement that a director of a nonprofit corporation “[f]airly and adequately represent ] the interests” of the corporation, see § 10-11430, by maintaining his or her status throughout the action, see City of…”
Ariz. Rev. Stat. § 10-741(A)(2): 1 case
Melinda S. Workman v. Verde Wellness Ctr., Inc., 382 P.3d 812 (Ariz. Ct. App. 2016).
“But unlike a derivative suit brought under § 10-741, there is no requirement that a director of a nonprofit corporation “[f]airly and adequately represent ] the interests” of the corporation, see § 10-11430, by maintaining his or her status throughout the action, see City of…”
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